Clarifications
There are 108 clarifications for this DPS
69. Core Terms Clause 23.6 - We already have frameworks in place with the majority of our suppliers which contain confidentiality provisions. As such will not always be possible to disclose scope and durations.
CCS and it's customers, as public authorities, need to comply with principles of transparency and use only reputable supply sources in order to promote ethical business practices and policies. This clause supports the achievement of these objectives by making transparent the supply chain relied up by Suppliers upon request from CCS or an individual Buyer.
Answered
28/05/2020 10:05
68. Core Terms Clause 23.2 - We can agree to an assignment to any public body but we have internal processes to follow regarding competition and financing in respect of any assignment to a private company.
The private body the Order Contract was assigned to would be performing the functions of, and acting on behalf of, a public authority. The public authority would only appoint a private body who had satisfied the public authority's own financial criteria. However, CCS agrees that it would be reasonable for a supplier to undertake financial checks before completion of any assignment process.
Answered
28/05/2020 10:04
67. Core Terms Clause 16.3 - In the event of a Freedom of Information request we would expect to be notified and given the opportunity to make representations about such proposed disclosure.
The legal obligations arising under the Freedom of Information legislation are only applicable to public authorities and they need to be at liberty to decide on appropriate responses to any applications. Buyers may consult with Suppliers as interested third parties when preparing their responses.
Answered
28/05/2020 10:03
66. Core Terms Clause 10.5.6 - We agree to this clause in principle but provided that this does not involve the disclosure of our confidential information.
The clause does not refer to the disclosure of confidential information to a Replacement Supplier.
Answered
28/05/2020 10:03
65. Core Terms Clause 10.3 - We agree to this clause in principle but the operation of 10.5.2 on termination should not affect the Buyer's obligation to pay for goods already delivered.
This clause applies where circumstances within the Supplier's reasonable control have given rise to termination so that the Buyer's payment obligations cease.
Answered
28/05/2020 10:02
64. Core Terms Clause 9.1 - We will provide a licence to use the Goods in the UK only or any other area stated within a Contract Order. We can only licence of IPR in relation to the use and operation of our own goods.
CCS believes that the requirement for a worldwide licence in very unlikely to arise. However, if the provision of a worldwide licence is required by a Buyer and the Supplier is unable to provide it, the Supplier will not be capable of meeting the Buyer's requirements and should deselect themselves from the bidding process.
The reference to ""Replacement Supplier"" in this clause relates to any infringement of the Supplier's IPR arising from the Buyer acquiring deliverables from the Replacement Supplier.
Answered
28/05/2020 09:59
63. Core Terms Clause 4.6 - We can agree to a right of set off but this must be limited to the relevant Order Contract as we are a large supplier with different divisions.
The application of the clause is limited to the Buyer's contractual relations with the Supplier. The requirement to provide "notice and reasons" implies that a dialogue will have preceded any proposed set-off.
Answered
28/05/2020 09:55
62. Core Terms Clause 2.9 - If Supplier incurs additional costs or time impact due to an error, omission or misrepresentation in the information provided by the Relevant Authority then Supplier should be entitled to an adjustment.
Clause 2.9 needs to be read in conjunction with clause 2.8 so that the Supplier needs to perform its own checks for errors, omissions or misrepresentations prior to the Order Contract.
Answered
28/05/2020 09:52
61. Core Terms Clause 2.7 - We rely on the information provided by the Relevant Authority in order to offer the most appropriate goods/services. As such, we expect it to be accurate and in the event that it transpires not to be then we should be able to additional costs or time as appropriate.
Clause 2.7 needs to be read in conjunction with clause 2.8. Clause 2.7 is designed to ensure that the Supplier performs its own checks for errors, omissions or misrepresentations prior to entering into the Order Contract. CCS accepts that it is reasonable for the Supplier to be able to rely on any representations made by the Buyer once the Supplier has made any necessary checks. Clause 18 - 'No other terms apply' will protect the Supplier from the application of any representations not recorded and agreed in the Order Contract.
Answered
28/05/2020 09:52
60. Will CCS accept ISO27001 as an alternative to Cyber Essentials?
Yes, for the VCIS DPS we will accept ISO27001 as an alternative. Suppliers should select Yes to Q155 and provide the relevant certificate information as requested.
Answered
26/05/2020 12:03
59. Please can you clarify if questions 177 and 178 of the standard questionnaire are applicable to businesses under the £36m threshold?
Q177 and 178 refer to evidence supporting Apprenticeships (Q144-146). If you can support apprenticeship where appropriate please respond accordingly. A response stating No to these specific questions would not prevent you from being appointed to this DPS.
However the £36m threshold you quote relates to Modern Slavery (Q138 &139) If you are not a relevant commercial organisation as defined by section 54 (""Transparency in supply chains etc."") of the Modern Slavery Act 2015 ""the Act"" please select No to question 138.
Answered
19/05/2020 14:27
58. DPS Schedule 4 - Again many of the clauses in this schedule are highlighted or in square brackets for completion/selection/deselection. If this schedule if to apply please could the CCS populate all of the clauses in order that we can assess whether we are able to sign up to the framework.
Version 2.0 of the bid pack has been published. DPS Schedule 4 has been updated in the revised version.
Answered
19/05/2020 13:20
57. DPS Schedule 3 - Schedule 3 has not been populated and many of the clauses are still highlighted in yellow or square brackets for completion/selection/omission. The tables in the annex are also blank. We assume that the pricing schedule we submit to the CCS will form the DPS pricing under this schedule. Please could the CCS confirm. Additionally, we have not been notified how long the DPS pricing will be fixed for (clause 4.1). We would expect to agree a new price list annually but this schedule would restrict us from doing so. We are unable to give profit and cost breakdowns pursuant to clause 4.3 but again it is unclear if this applies as the clause is currently in square brackets. The guidance notes do say that this schedule can be listed as "Not Used" if it is not felt appropriate to establish maximum prices. On reviewing the tender documentation we do not feel that the maximum pricing schedule is appropriate but if the CCS feels it is then this schedule to be populated to enable us to assess whether we are able to sign up to the framework. Please could the CCS populate the schedule by return?
Version 2.0 of bid pack has been published. DPS Schedule 3 is not required for this agreement.
Answered
19/05/2020 13:19
56. Condition 9.1 - Whilst we can agree to sublicence our IPR we cannot agree to it being changed or adapted. For example, if we supply hardware that incorporates software and we grant a licence to change our IPR, then we could be required to deliver up proprietary information to enable this right to be exercised. This is not something that can therefore be agreed.
Please note that clause 9.1 of the Core Terms is qualified by two provisions which limit the scope of the licence granted by the Supplier to the Buyer i.e. to receive and use the Deliverables and to make use of the Deliverables provided by a Replacement Supplier. The clause is therefore strictly limited to the subject matter of the Order Contract and allows the Buyer the freedom to maximise the value delivered by the Supplier without being restricted by IPR issues. The Buyer, being a public authority, is not concerned with exploiting the Supplier's IPR for any other purpose. The IPR applicable to any given Order Contract can be discussed and agreed by the Supplier and Buyer prior to the award of the Order Contract.
Answered
19/05/2020 15:12
55. Please could it be confirmed what the difference between the RM6213 (Vehicle Charging Infrastructure Framework) and the Transport Technology & Associated Services (formerly known as TMT3) Lot 4: Sustainable Transport Technologies which incorporates;
Sustainable Transport Infrastructure (TMT2 Lot 10)
Without limitation, goods and services relating to this lot can include charge point
equipment, inductive wireless charges, access and payment solutions, Charge Point
Management Systems (CPMS) and portable and transportable electrical energy storage and recharging solutions. (TMT2 Customer Guidance Doc.)
Are these being procured as two separate opportunities? One is due in May one is postponed due to Covid.
RM6213 is a bespoke agreement to capture all aspects of vehicle charging. The TMT2 (and it's next iteration TTAS) includes vehicle charging as part of a wider traffic management solution. These are separate opportunities RM6213 is a Dynamic Purchase Systrem agreement and the planned RM6099 Transport Technology Agreement & Associated Srevices wil be a framework agremment.
Answered
07/05/2020 15:03
54. Is question 137 still applicable to respond to when questions 133,134 and 135 are not part of this procurement?
We can confirm that a response to Q137 is not required.
Answered
07/05/2020 15:02
53. Please could the CCS confirm that Suppliers are not bound to accept orders under the Framework and is entitled to assess each opportunity on its merits
Suppliers may choose to respond to individual competitions under the DPS.
Answered
07/05/2020 15:01
52. Special Condition 9 - please could the CCS confirm which provision this relates to as 14.8 is not a liability related clause
Special Condition 9 stands as drafted as 14.8 refers to an indemnity that the Supplier must give.
Answered
07/05/2020 15:00
51. What Key Subcontractors do we need to include in the list for CCS?
The definition of a Key Subcontractor is in Joint Schedule 1. In general terms, we would expect you to provide details of those that are integral to the delivery of products and services and are linked to the performance of your contracts. At DPS level, this tends to be those suppliers that you would not be able to substitute for another if they failed to deliver. At the Order stage, you may feel that the requirements of the customer means that there is a Key Subcontractor within your supply chain for that specific contract. This information can be detailed in the Order Form and you can use a NDA to keep the information confidential prior to contract award if necessary.
Answered
07/05/2020 14:58
50. Would it be acceptable to answer YES to the question on having Cyber Essentials, on the understanding that we would have it in place prior to appointment? The reason for asking is we wish to submit our questionnaire response as soon as possible but would be a week or so in collating and then applying for Cyber Essentails. Full certification would still be provided prior to appointment.
Suppliers are asked to confirm that they hold Cyber Essentials at the point that they submit their application to join the DPS and must provide certification details. We regret that it is not possible for a supplier to join the DPS on the basis that they will gain the Cyber Essentials certification in the future. CCS will accept ISO27001 as an alternative to Cyber Essentials and a Supplier may answer Yes to Q155 and provide the relevant details relating to their certification if they hold this ISO.
Answered
26/05/2020 12:01
